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Can a claim be filed against seller and escrow for not doing their jobs resulting in delays and extra costs for buyer?

Corona, CA |

Escrow was to close by 7/9/09 but it did not due to delays on the part of seller's agent (bank-owned property) and escrow. We were to move out of current residence by 7/31 as there is another family waiting It's been an escrow nightmare. I believe seller should compensate us in some manner. There were unnecessary delays in repairing water damage and they did not replace all missing appliances. They did a crappy job which will cost us money to fix. On the day it was supposed to record escrow found a lien placed by the city on 7/9/09. Our agent has gone over and beyond her job to get things done. We have taken lots of time off from work to deal with issues & used 3 days vacation to move last week.

Attorney Answers 1


If escrow has not yet closed you should put the seller and the seller's agent on notice in writing that you are holding them responsible for the delays and the expense that it has cost you. If you wait to resolve this until after the close of escrow you may never get compensated. A lawyer should best present this notice and demand a discount in the price.

Disclaimer: This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. You should have a licensed attorney review your case individually since every individual's factual situation is different, independent legal advice regarding specific situation from a licensed attorney is advisable.

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